The Ombudsman's final decision
Summary: We will not investigate Mr Y’s complaint the Council’s highway sign caused damage to his vehicle. It is reasonable for Mr Y to use his legal remedy at court to pursue such a claim.
The complaint
Mrs X complains for Mr Y the Council has rejected a claim to cover the cost of damage to Mr Y’s car caused by or relating to the condition of a highway sign.
The Ombudsman’s role and powers
The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
The law says we cannot normally investigate a complaint when someone could take the matter to court. However, we may decide to investigate if we consider it would be unreasonable to expect the person to go to court. (Local Government Act 1974, section 26(6)(c), as amended)
How I considered this complaint
I considered information provided by Mrs X and the Council. The information includes the correspondence and the Council’s record of inspection at the site.
My assessment
I will not investigate this complaint for the following reasons: The complaint is outside the Ombudsman’s jurisdiction because Mr Y has a legal remedy at court if he wishes to pursue a claim that the Council was at fault and should pay for the damage to his car.
I consider it is reasonable for Mr Y to use his legal remedy. The claims court can consider such a case without the need for formal legal representation. It has the power to decide how the damage to Mr Y’s vehicle was caused and to award compensation.
Final decision
The Ombudsman will not investigate Mr Y’s complaint the Council’s highway sign caused damage to his vehicle. It is reasonable for Mr Y to use his legal remedy at court to pursue such a claim
Investigator's decision on behalf of the Ombudsman